Kenya: Cybercrimes Act ruling paves way for stronger digital rights

Kenya: Cybercrimes Act ruling paves way for stronger digital rights - Digital

ICT college, Kenya, 2022. Credit: IMAGO/Joerg Boethling via Reuters Connect

ARTICLE 19 Eastern Africa welcomes the Kenya High Court’s ruling that Section 6(1)(ja) and Section 27(1)(b) of the Computer Misuse and Cybercrimes (Amendment) Act, 2025 are unconstitutional. The judgment reaffirms an important principle: that restrictions on expression must be clear, narrowly defined, and subject to judicial – not administrative – oversight. While this is a welcome development for digital rights in Kenya, the ruling is partial, and other provisions of the Act remain in force. We encourage the public, civil society, human rights advocates,  lawmakers, legal experts, and all stakeholders to continue engagement with parliament and relevant institutions to ensure the law is fully aligned with constitutional and international human rights standards.

Read the joint press release